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Business Loan Program Temporary Changes; Paycheck Protection Program – Revisions to First Interim Final Rule

Summary

SBA interim final rule, Business Loan Program Temporary Changes; Paycheck Protection Program – Revisions to First Interim Final Rule, 13 CFR Part 120, Docket No. SBA-2020-0035, RIN 3245-AH49. It revises SBA's interim final rule posted on April 2, 2020 to conform to the Paycheck Protection Program Flexibility Act of 2020, signed on June 5, 2020, changing key provisions such as loan maturity, deferral of loan payments, forgiveness and the use of loan proceeds. The changes include a covered period ending on December 31, 2020 instead of June 30, 2020, and a minimum maturity of five years for PPP loans made on or after June 5, 2020. The forgiveness and deferral provisions are effective March 27, 2020 and the maturity provision June 5, 2020.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

SMALL BUSINESS ADMINISTRATION

13 CFR Part 120

[Docket No. SBA-2020-0035]

RIN 3245-AH49

Business Loan Program Temporary Changes; Paycheck Protection Program – Revisions to

First Interim Final Rule

AGENCY:        U.S. Small Business Administration.

ACTION:        Interim final rule.

SUMMARY: On April 2, 2020, the U.S. Small Business Administration (SBA) posted an

interim final rule relating to the implementation of sections 1102 and 1106 of the Coronavirus

Aid, Relief, and Economic Security Act (CARES Act or the Act). Section 1102 of the Act

temporarily adds a new product, titled the “Paycheck Protection Program,” to the U.S. Small

Business Administration’s (SBA’s) 7(a) Loan Program. Subsequently, SBA issued a number of

interim final rules implementing the Paycheck Protection Program. On June 5, 2020, the

Paycheck Protection Program Flexibility Act of 2020 (Flexibility Act) was signed into law,

amending the CARES Act. This interim final rule revises SBA’s interim final rule posted on

April 2, 2020, by changing key provisions, such as the loan maturity, deferral of loan payments,

and forgiveness provisions, to conform to the Flexibility Act. SBA also is making conforming

amendments to the use of PPP loan proceeds for consistency with amendments made in the

Flexibility Act. Several of these amendments are retroactive to the date of enactment of the

CARES Act, as required by section 3(d) of the Flexibility Act.

DATES: Effective Dates: The provisions in this interim final rule related to loan forgiveness

and deferral periods for PPP loans are effective March 27, 2020. The provision in this interim
final rule relating to the maturity date of PPP loans is effective June 5, 2020. The remaining

provisions in this interim final rule are effective [INSERT DATE OF FILING AT THE OFFICE

OF THE FEDERAL REGISTER].

Comment Date: Comments must be received on or before [INSERT DATE 30 DAYS AFTER

DATE OF PUBLICATION IN THE FEDERAL REGISTER].

ADDRESSES: You may submit comments, identified by number SBA-2020-0035, through the

Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting

comments.

         SBA will post all comments on www.regulations.gov. If you wish to submit confidential

business information (CBI) as defined in the User Notice at www.regulations.gov, please send an

email to ppp-ifr@sba.gov. Highlight the information that you consider to be CBI and explain

why you believe SBA should hold this information as confidential. SBA will review the

information and make the final determination whether it will publish the information.

FOR FURTHER INFORMATION CONTACT: A Call Center Representative at 833-572-0502,

or the local SBA Field Office; the list of offices can be found at https://www.sba.gov/tools/local-

assistance/districtoffices.

SUPPLEMENTARY INFORMATION:

    I.      Background Information

    On March 13, 2020, President Trump declared the ongoing Coronavirus Disease 2019

(COVID-19) pandemic of sufficient severity and magnitude to warrant an emergency declaration

for all states, territories, and the District of Columbia. With the COVID-19 emergency, many

small businesses nationwide are experiencing economic hardship as a direct result of the Federal,

State, and local public health measures that are being taken to minimize the public’s exposure to




                                                 2
the virus. These measures, some of which are government-mandated, have been implemented

nationwide and include the closures of restaurants, bars, and gyms. In addition, based on the

advice of public health officials, other measures, such as keeping a safe distance from others or

even stay-at-home orders, have been implemented, resulting in a dramatic decrease in economic

activity as the public avoids malls, retail stores, and other businesses.

   On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic

Security Act (the CARES Act or the Act) (Pub. L. 116-136) to provide emergency assistance and

health care response for individuals, families, and businesses affected by the coronavirus

pandemic. The Small Business Administration (SBA) received funding and authority through

the Act to modify existing loan programs and establish a new loan program to assist small

businesses nationwide adversely impacted by the COVID-19 emergency.

    Section 1102 of the Act temporarily permits SBA to guarantee 100 percent of 7(a) loans

under a new program titled the “Paycheck Protection Program.” Section 1106 of the Act

provides for forgiveness of up to the full principal amount of qualifying loans guaranteed under

the Paycheck Protection Program. A more detailed discussion of sections 1102 and 1106 of the

Act is found in section III below.

   On April 24, 2020, the President signed the Paycheck Protection Program and Health Care

Enhancement Act (Pub. L. 116-139), which provided additional funding and authority for the

PPP. On June 5, 2020, the President signed the Paycheck Protection Program Flexibility Act of

2020 (Flexibility Act) (Pub. L. 116-142), which changes key provisions of the Paycheck

Protection Program, including provisions relating to the maturity of PPP loans, the deferral of

PPP loan payments, and the forgiveness of PPP loans. Section 3(d) of the Flexibility Act

provides that the amendments relating to PPP loan forgiveness and extension of the deferral




                                                  3
period for PPP loans shall be effective as if included in the CARES Act, which means that they

are retroactive to March 27, 2020. Section 2 of the Flexibility Act provides that the amendment

relating to the extension of the maturity date for PPP loans shall take effect on the date of

enactment (June 5, 2020). Under the Flexibility Act, the extension of the maturity date for PPP

loans is applicable to PPP loans made on or after that date, and lenders and borrowers may

mutually agree to modify PPP loans made before such date to reflect the longer maturity.

   II.     Comments and Retroactive/Immediate Effective Date

   This interim final rule is effective without advance notice and public comment because

section 1114 of the CARES Act authorizes SBA to issue regulations to implement Title I of the

Act without regard to notice requirements. In addition, SBA has determined that there is good

cause for dispensing with advance public notice and comment on the grounds that that it would

be contrary to the public interest. Specifically, advance public notice and comment would defeat

the purpose of this interim final rule given that SBA’s authority to guarantee PPP loans expires

on June 30, 2020, and that many PPP borrowers can now apply for loan forgiveness following

the end of their eight-week covered period. Providing borrowers and lenders with certainty on

both loan requirements and loan forgiveness requirements following the enactment of the

Flexibility Act will enhance the ability of lenders to make loans and process loan forgiveness

applications, particularly in light of the fact that most of the Flexibility Act’s provisions are

retroactive to March 27, 2020. Specifically, small businesses that have yet to apply for and

receive a PPP loan need to be informed of the terms of PPP loans as soon as possible, because

the last day on which a lender can obtain an SBA loan number for a PPP loan is June 30, 2020.

Borrowers who already have applied for and received a PPP loan need certainty regarding how

loan proceeds must be used during the covered period, as amended by the Flexibility Act, so that



                                                   4
they can maximize the amount of loan forgiveness. These same reasons provide good cause for

SBA to dispense with the 30-day delayed effective date provided in the Administrative

Procedure Act. Although this interim final rule is effective on or before date of filing, comments

are solicited from interested members of the public on all aspects of the interim final rule,

including section III below. These comments must be submitted on or before [INSERT DATE

30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. The SBA will

consider these comments, comments received on the interim final rule posted on April 2, 2020

(the First Interim Final Rule), and the need for making any revisions as a result of these

comments.

   III.     Paycheck Protection Program – Revisions to First Interim Final Rule (85 FR 20811)

   Overview

   The CARES Act was enacted to provide immediate assistance to individuals, families, and

businesses affected by the COVID-19 emergency. Among the provisions contained in the

CARES Act are provisions authorizing SBA to temporarily guarantee loans under a new 7(a)

loan program titled the “Paycheck Protection Program.” Loans guaranteed under the Paycheck

Protection Program (PPP) will be 100 percent guaranteed by SBA, and the full principal amount

of the loans may qualify for loan forgiveness. The Flexibility Act amends the CARES Act and

amends provisions relating to loan terms and loan forgiveness. The purpose of this interim final

rule is to make changes to the First Interim Final Rule, posted on SBA’s website on April 2,

2020, and published in the Federal Register on April 15, 2020 (85 FR 20811). The First Interim

Final Rule, as amended by this interim final rule, should be interpreted consistent with the




                                                 5
frequently asked questions (FAQs) regarding the PPP that are posted on SBA’s website 1 and the

other interim final rules issued regarding the PPP. 2

      1. Changes to the First Interim Final Rule

      a. Covered Period for PPP Loans

      Section 3(a) of the Flexibility Act amended the definition of “covered period” for a PPP loan

      from “the period beginning on February 15, 2020 and ending on June 30, 2020” to “the

      period beginning on February 15, 2020 and ending on December 31, 2020.” Therefore, Part

      III.2.g.iii. of the First Interim Final Rule (85 FR 20811, 20813) is revised by striking “June

      30, 2020” and replacing it with “December 31, 2020”. Section 3(d) of the Flexibility Act

      provides that this amendment shall be effective as if included in the CARES Act, which was

      signed into law on March 27, 2020.

      This amendment by the Flexibility Act applies to the definition of “covered period” that

      appears in section 1102 of the CARES Act, governing loan use, loan eligibility, and related

      requirements. It does not alter the meaning of “covered period” that appears in section 1106

      of the CARES Act governing loan forgiveness, which is addressed by a different provision of

      the Flexibility Act.

      b. Maturity Date for PPP Loans

      Section 2(a) of the Flexibility Act amended the CARES Act to provide a minimum maturity

      of five years for all PPP loans made on or after the date of enactment of the Flexibility Act.

      Therefore, Part III.2.j. of the First Interim Final Rule (85 FR 20811, 20813) is revised to read

      as follows:

                    j. What will be the maturity date on a PPP loan?


1
    See https://www.sba.gov/document/support--faq-lenders-borrowers.
2
    See https://www.sba.gov/funding-programs/loans/coronavirus-relief-options/paycheck-protection-program.


                                                         6
           For loans made before June 5, 2020, the maturity is two years; however,

           borrowers and lenders may mutually agree to extend the maturity of such loans to

           five years. For loans made on or after June 5, the maturity is five years.

           Section 2 of the Paycheck Protection Program Flexibility Act of 2020 (Flexibility

           Act) amended the CARES Act to provide a minimum maturity of 5 years for all

           PPP loans made on or after its enactment. The Administrator, in consultation

           with the Secretary, determined that the date SBA assigns a loan number to the

           PPP loan provides an efficient, transparent, and auditable means of determining

           when a PPP loan is “made” that provides certainty to lenders. While the CARES

           Act provides that a loan will have a maximum maturity of up to ten years from the

           date the borrower applies for loan forgiveness, the Administrator, in consultation

           with the Secretary, determined that a five-year loan term is sufficient in light of

           the temporary economic dislocations caused by the coronavirus. Specifically, the

           considerable economic disruption caused by the coronavirus is expected to abate

           well before the five-year maturity date such that borrowers will be able to resume

           business operations and pay off any outstanding balances on their PPP loans.

c. Deferral Period for PPP Loans

Section 3(c) of the Flexibility Act extended the deferral period on PPP loans. Therefore, Part

III.2.n. of the First Interim Final Rule (85 FR 20811, 20813) is revised to read as follows:

           n. When will I have to begin paying principal and interest on my PPP loan?

           If you submit to your lender a loan forgiveness application within 10 months after

           the end of your loan forgiveness covered period, you will not have to make any

           payments of principal or interest on your loan before the date on which SBA




                                             7
                  remits the loan forgiveness amount on your loan to your lender (or notifies your

                  lender that no loan forgiveness is allowed).

                  Your “loan forgiveness covered period” is the 24-week period beginning on the

                  date your PPP loan is disbursed; however, if your PPP loan was made before June

                  5, 2020, you may elect to have your loan forgiveness covered period be the eight-

                  week period beginning on the date your PPP loan was disbursed. 3 Your lender

                  must notify you of remittance by SBA of the loan forgiveness amount (or notify

                  you that SBA determined that no loan forgiveness is allowed) and the date your

                  first payment is due. Interest continues to accrue during the deferment period.

                  If you do not submit to your lender a loan forgiveness application within 10

                  months after the end of your loan forgiveness covered period, you must begin

                  paying principal and interest after that period. For example, if a borrower’s PPP

                  loan is disbursed on June 25, 2020, the 24-week period ends on December 10,

                  2020. If the borrower does not submit a loan forgiveness application to its lender

                  by October 10, 2021, the borrower must begin making payments on or after

                  October 10, 2021.

    d. Loan Forgiveness

    Section 3(b) of the Flexibility Act amended the requirements concerning forgiveness of PPP

    loans to reduce the amount of PPP loan proceeds that must be used for payroll costs in order

    to be forgivable, and the law also created a new exemption for borrowers to avoid a reduction

    in loan forgiveness amount when they have a reduction in full-time equivalent employees.

    While the Flexibility Act provides that a borrower shall use at least 60 percent of the PPP


3
  Under section 3(b)(1) of the Flexibility Act, the loan forgiveness covered period of any borrower will end no later
than December 31, 2020.


                                                          8
loan for payroll costs to receive loan forgiveness, the Administrator, in consultation with the

Secretary, interprets this requirement as a proportional limit on nonpayroll costs as a share of

the borrower’s loan forgiveness amount, rather than as a threshold for receiving any loan

forgiveness. This interpretation is consistent with the new safe harbor in the Flexibility Act.

The new safe harbor provides that if a borrower is unable to rehire previously employed

individuals or similarly qualified employees, the borrower will not have its loan forgiveness

amount reduced based on the reduction in full-time equivalent employees. It would be

incongruous to interpret the Flexibility Act’s 60 percent requirement as a threshold for

receiving any loan forgiveness, because in some cases it would directly conflict with the

flexibility provided by the new safe harbor. Further, the 60 percent requirement in the

Flexibility Act was enacted against the backdrop of SBA’s existing rules governing the PPP,

which Congress was aware of and which provided for proportional reductions in loan

forgiveness for borrowers that used less than 75% of their loan amount during the eight-week

covered period for payroll costs. In addition, this interpretation of the 60 percent requirement

under the Flexibility Act is most consistent with Congress’s purpose in that legislation –

namely, to increase the flexibility provided to borrowers related to PPP loan forgiveness.

In addition, as noted in paragraph d. above, in seeking loan forgiveness, an eligible borrower

whose loan was made before June 5, 2020 may elect to apply the original eight-week covered

period under the CARES Act instead of the 24-week covered period referenced above. See

Flexibility Act, section 3(b)(3).

SBA will be issuing revisions to its interim final rules on loan forgiveness and loan review

procedures to address amendments the Flexibility Act made to the loan forgiveness

requirements. SBA will also be issuing additional guidance on advance purchases of PPP




                                             9
loans, which will include any effect of the amendments made to the loan forgiveness

requirements. For the reasons described above, Part III.2.o. of the First Interim Final Rule

(85 FR 20811, 20813) is revised to read as follows:

           o. Can my PPP loan be forgiven in whole or in part?

           Yes. The amount of loan forgiveness can be up to the full principal amount of the

           loan and any accrued interest. An eligible borrower will not be responsible for

           any loan payment if the borrower uses all of the loan proceeds for forgivable

           purposes as described below and employee and compensation levels are

           maintained or, if not, an applicable safe harbor applies. The actual amount of

           loan forgiveness will depend, in part, on the total amount of payroll costs,

           payments of interest on mortgage obligations incurred before February 15, 2020,

           rent payments on leases dated before February 15, 2020, and utility payments for

           service that began before February 15, 2020, over the loan forgiveness covered

           period. However, to receive full loan forgiveness, a borrower must use at least 60

           percent of the PPP loan for payroll costs, and not more than 40 percent of the loan

           forgiveness amount may be attributable to nonpayroll costs. For example, if a

           borrower uses 59 percent of its PPP loan for payroll costs, it will not receive the

           full amount of loan forgiveness it might otherwise be eligible to receive. Instead,

           the borrower will receive partial loan forgiveness, based on the requirement that

           60 percent of the forgiveness amount must be attributable to payroll costs. For

           example, if a borrower receives a $100,000 PPP loan, and during the covered

           period the borrower spends $54,000 (or 54 percent) of its loan on payroll costs,

           then because the borrower used less than 60 percent of its loan on payroll costs,




                                            10
           the maximum amount of loan forgiveness the borrower may receive is $90,000

           (with $54,000 in payroll costs constituting 60 percent of the forgiveness amount

           and $36,000 in nonpayroll costs constituting 40 percent of the forgiveness

           amount).

e. Use of PPP Loan Proceeds

For consistency with the amendments made in the Flexibility Act regarding the percentage of

loan proceeds that must be used for payroll costs in order to be forgiven, discussed in

paragraph 2.e. above, Part III.2.r. of the First Interim Final Rule (85 FR 20811, 20814) is

revised to read as follows:

           r. How can PPP loans be used?

               The proceeds of a PPP loan are to be used for:

               i. payroll costs (as defined in the Act and in 2.f.);

               ii. costs related to the continuation of group health care benefits during

                   periods of paid sick, medical, or family leave, and insurance premiums;

               iii. mortgage interest payments (but not mortgage prepayments or principal

                   payments);

               iv. rent payments;

               v. utility payments;

               vi. interest payments on any other debt obligations that were incurred before

                   February 15, 2020; and/or

               vii. refinancing an SBA EIDL loan made between January 31, 2020 and April

                   3, 2020. If you received an SBA EIDL loan from January 31, 2020

                   through April 3, 2020, you can apply for a PPP loan. If your EIDL loan




                                            11
                 was not used for payroll costs, it does not affect your eligibility for a PPP

                 loan. If your EIDL loan was used for payroll costs, your PPP loan must be

                 used to refinance your EIDL loan. Proceeds from any advance up to

                 $10,000 on the EIDL loan will be deducted from the loan forgiveness

                 amount on the PPP loan.

          At least 60 percent of the PPP loan proceeds shall be used for payroll costs. For

          purposes of determining the percentage of use of proceeds for payroll costs, the

          amount of any EIDL refinanced will be included. For purposes of loan

          forgiveness, however, the borrower will have to document the proceeds used for

          payroll costs in order to determine the amount of forgiveness. While the Act

          provides that PPP loan proceeds may be used for the purposes listed above and for

          other allowable uses described in section 7(a) of the Small Business Act (15

          U.S.C. 636(a)), the Administrator believes that finite appropriations and the

          structure of the Act warrant a requirement that borrowers use a substantial portion

          of the loan proceeds for payroll costs, consistent with Congress’ overarching goal

          of keeping workers paid and employed. This percentage is consistent with the

          limitation on the forgiveness amount set forth in the Flexibility Act. This

          limitation on use of the loan funds will help to ensure that the finite appropriations

          available for these loans are directed toward payroll protection, as each loan that

          is issued depletes the appropriation, regardless of whether portions of the loan are

          later forgiven.

f. Borrower Certifications




                                           12
   For consistency with the changes discussed in paragraphs 2.e. and f. above, Parts III.2.t.iii.,

   iv., and v. of the First Interim Final Rule (85 FR 20811, 20814) are revised to read as

   follows:

              t. What certifications need to be made?

                      ***

                  iii. The funds will be used to retain workers and maintain payroll or make

                      mortgage interest payments, lease payments, and utility payments; I

                      understand that if the funds are knowingly used for unauthorized purposes,

                      the Federal Government may hold me legally liable such as for charges of

                      fraud. As explained above, not more than 40 percent of loan proceeds may

                      be used for nonpayroll costs.

                  iv. Documentation verifying the number of full-time equivalent employees on

                      payroll as well as the dollar amounts of payroll costs, covered mortgage

                      interest payments, covered rent payments, and covered utilities for the

                      loan forgiveness covered period for the loan will be provided to the lender.

                  v. Loan forgiveness will be provided for the sum of documented payroll

                     costs, covered mortgage interest payments, covered rent payments, and

                     covered utility payments. As explained above, not more than 40 percent of

                     the forgiven amount may be used for nonpayroll costs.

                      ***

   2. Additional Information

   SBA may provide further guidance, if needed, through SBA notices which will be posted on

SBA’s website at www.sba.gov. Questions on the Paycheck Protection Program may be directed




                                                13
to the Lender Relations Specialist in the local SBA Field Office. The local SBA Field Office

may be found at https://www.sba.gov/tools/local-assistance/districtoffices.

Compliance with Executive Orders 12866, 12988, 13132, 13563, and 13771, the Paperwork

Reduction Act (44 U.S.C. Ch. 35), and the Regulatory Flexibility Act (5 U.S.C. 601-612).

Executive Orders 12866, 13563, and 13771

   This interim final rule is economically significant for the purposes of Executive Orders

12866 and 13563, and is considered a major rule under the Congressional Review Act. SBA,

however, is proceeding under the emergency provision at Executive Order 12866 Section

6(a)(3)(D) based on the need to move expeditiously to mitigate the current economic conditions

arising from the COVID–19 emergency. This rule’s designation under Executive Order 13771

will be informed by public comment.

   This rule is necessary to implement Sections 1102 and 1106 of the CARES Act and the

Flexibility Act in order to provide economic relief to small businesses nationwide adversely

impacted under the COVID-19 Emergency Declaration. We anticipate that this rule will result in

substantial benefits to small businesses, their employees, and the communities they

serve. However, we lack data to estimate the effects of this rule.

Executive Order 12988

   SBA has drafted this rule, to the extent practicable, in accordance with the standards set forth

in section 3(a) and 3(b)(2) of Executive Order 12988, to minimize litigation, eliminate

ambiguity, and reduce burden. The rule has no preemptive effect but does have a limited

retroactive effect consistent with section 3(d) of the Flexibility Act.

Executive Order 13132

   SBA has determined that this rule will not have substantial direct effects on the States, on the




                                                 14
relationship between the National Government and the States, or on the distribution of power and

responsibilities among the various layers of government. Therefore, SBA has determined that

this rule has no federalism implications warranting preparation of a federalism assessment.

Paperwork Reduction Act, 44 U.S.C. Chapter 35

   SBA has determined that this rule will modify existing recordkeeping or reporting

requirements under the Paperwork Reduction Act. The amendments to the PPP made by the

Flexibility Act and implemented in this interim final rule will require conforming revisions to the

PPP Borrower Application Form (SBA Form 2483), the PPP Lender Application Form (SBA

Form 2484), and the PPP Loan Forgiveness Application (SBA Form 3508). SBA will submit the

modified forms to OMB for approval as a modification to the existing PPP information

collection. This information collection is currently approved as an emergency request under

OMB Control Number 3245-0407 until October 31, 2020.

Regulatory Flexibility Act (RFA)

   The Regulatory Flexibility Act (RFA) generally requires that when an agency issues a

proposed rule, or a final rule pursuant to section 553(b) of the APA or another law, the agency

must prepare a regulatory flexibility analysis that meets the requirements of the RFA and publish

such analysis in the Federal Register. 5 U.S.C. 603, 604. Specifically, the RFA normally requires

agencies to describe the impact of a rulemaking on small entities by providing a regulatory

impact analysis. Such analysis must address the consideration of regulatory options that would

lessen the economic effect of the rule on small entities. The RFA defines a ‘‘small entity’’ as (1)

a proprietary firm meeting the size standards of the Small Business Administration (SBA); (2) a

nonprofit organization that is not dominant in its field; or (3) a small government jurisdiction

with a population of less than 50,000. 5 U.S.C. 601(3)–(6). Except for such small government




                                                 15
jurisdictions, neither State nor local governments are ‘‘small entities.’’ Similarly, for purposes of

the RFA, individual persons are not small entities.

   The requirement to conduct a regulatory impact analysis does not apply if the head of the

agency “certifies that the rule will not, if promulgated, have a significant economic impact on a

substantial number of small entities.” 5 U.S.C. 605(b). The agency must, however, publish the

certification in the Federal Register at the time of publication of the rule, “along with a statement

providing the factual basis for such certification.” If the agency head has not waived the

requirements for a regulatory flexibility analysis in accordance with the RFA’s waiver provision,

and no other RFA exception applies, the agency must prepare the regulatory flexibility analysis

and publish it in the Federal Register at the time of promulgation or, if the rule is promulgated in

response to an emergency that makes timely compliance impracticable, within 180 days of

publication of the final rule. 5 U.S.C. 604(a), 608(b).

   Rules that are exempt from notice and comment are also exempt from the RFA requirements,

including conducting a regulatory flexibility analysis, when among other things the agency for

good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to

the public interest. Small Business Administration’s Office of Advocacy guide: How to Comply

with the Regulatory Flexibility Ac. Ch.1. p.9. Accordingly, SBA is not required to conduct a

regulatory flexibility analysis.

Authority: 15 U.S.C. 636(a)(36); Paycheck Protection Program Flexibility Act of 2020, Pub. L.

No. 116-142; Coronavirus Aid, Relief, and Economic Security Act, Pub. L. 116-136, Section

1114.



Jovita Carranza,
Administrator



                                                 16


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